March 17, 2011
(A) This Agreement, which incorporates by reference other provisions applicable to use of BenCraneGolf.com, including, but not limited to, supplemental terms and conditions set forth in paragraph 14 hereof ("Supplemental Terms") governing the use of certain specific material contained in BenCraneGolf.com, sets forth the terms and conditions that apply to use of BenCraneGolf.com by User. By using BenCraneGolf.com (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use BenCraneGolf.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. (B) BenCraneGolf.com shall have the right at any time to change or discontinue any aspect or feature of BenCraneGolf.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. CHANGED TERMS
BenCraneGolf.com shall have the right at any time to change or modify the terms and conditions applicable to User's use of BenCraneGolf.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on BenCraneGolf.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of BenCraneGolf.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of BenCraneGolf.com and all charges related thereto. The Service is provided "AS-IS" and "AS-AVAILABLE" for your use, and we are not responsible for the timeliness, deletion, or mis-delivery of any part of the Service.
5. YOUR REGISTRATION OBLIGATIONS
If you register with us, you agree to provide true, accurate, current and complete information about yourself. We have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) if you provide any untrue, inaccurate, not current or incomplete information, or if we reasonably suspect that you have provided untrue, inaccurate, not current or incomplete information.
6. USER CONDUCT
a) User shall use BenCraneGolf.com for lawful purposes only. User shall not post or transmit through BenCraneGolf.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without BenCraneGolf.com’s express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in BenCraneGolf.com’s discretion restricts or inhibits any other User from using or enjoying BenCraneGolf.com will not be permitted. User shall not use BenCraneGolf.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become Users of other online information services competitive with BenCraneGolf.com. b) User shall not use or to permit or facilitate others to use the service by automated electronic processes, “robots,” “spiders,” “scrapers,” “web crawlers,” or other computer programs that monitor, copy or download data or other content found on or accessed through the service, including without limitation real time scoring, video, audio, statistics, or data content, whether current or archival. c) User shall not interfere with, disrupt, unreasonably drain the resources of (through virus infections, denial of service attacks, any form of excessive use, or any other drain), translate, decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for, or adapt in any way the service or servers or networks connected to the service, or disobey any requirements, procedures, policies or regulations of networks connected to the service. d) User shall not collect or store personal data about other users of the service. e) User shall not create a frame, browser or border around any of the content of the service or link to the service without our prior express written permission (other than a plain text-only link to the home page of the service, which link does not in any way imply a sponsorship or affiliation with the service or BenCraneGolf.com. f) BenCraneGolf.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of BenCraneGolf.com are copyrighted as a collective work under United States copyright laws. BenCraneGolf.com owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of BenCraneGolf.com and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. g) User shall not upload, post or otherwise make available on BenCraneGolf.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of BenCraneGolf.com, User automatically grants, or warrants that the owner of such material has expressly granted BenCraneGolf.com the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants BenCraneGolf.com the right to edit, copy, publish and distribute any material made available on BenCraneGolf.com by User. The foregoing provisions of Section 6 are for the benefit of BenCraneGolf.com and each of their respective subsidiaries, affiliates and third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
7. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
a) User expressly agrees that use of BenCraneGolf.com is at User's sole risk. Neither BenCraneGolf.com, their affiliates or parent companies nor any of their respective employees, agents, third party content providers or licensors warrant that BenCraneGolf.com will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of BENCRANEGOLF.COM, or as to the accuracy, reliability or content of any information, service, or merchandise provided through BenCraneGolf.com. b) BenCraneGolf.com is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement. c) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that BenCraneGolf.com is not liable for the defamatory, offensive or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with User. d) In no event will BenCraneGolf.com or any person or entity involved in creating, producing or distributing BenCraneGolf.com or the BenCraneGolf.com software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use BenCraneGolf.com. User hereby acknowledges that the provisions of this section shall apply to all content on BenCraneGolf.com. e) In addition to the terms set forth above neither BenCraneGolf.com, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within BenCraneGolf.com, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Neither BenCraneGolf.com nor its affiliates, information providers or content partners warrant or guarantee the timeliness, sequence, accuracy or completeness of this information. Additionally, there are no warranties as to the results obtained from the use of the information.
BenCraneGolf.com shall have the right, but not the obligation, to monitor the content of BenCraneGolf.com to determine compliance with this Agreement and any operating rules established by BenCraneGolf.com and to satisfy any law, regulation or authorized government request. BenCraneGolf.com shall have the right in their sole discretion to edit, refuse to post or remove any material submitted to or posted on BenCraneGolf.com. Without limiting the foregoing, BenCraneGolf.com shall have the right to remove any material that BenCraneGolf.com, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
User agrees to defend, indemnify and hold harmless BenCraneGolf.com, its respective affiliates and each of their respective directors, officers, employees and agents from and against all claims and expenses, including attorney fees, arising out of the use of BenCraneGolf.com by User or User's Account.
Either BenCraneGolf.com or User may terminate this Agreement at any time. Without limiting the foregoing, BenCraneGolf.com shall have the right to immediately terminate User's Account in the event of any conduct by User which BenCraneGolf.com, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section 9 shall survive termination of this Agreement.
BenCraneGolf.com, and each logo represented on BenCraneGolf.com are trademarks. All rights reserved. All other trademarks appearing on BenCraneGolf.com are the property of their respective owners.
12. THIRD PARTY CONTENT
BenCraneGolf.com is a distributor (and not a publisher) of content supplied by third-parties and Users. Accordingly, BenCraneGolf.com has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third-parties, including information providers, Users or any other user of BenCraneGolf.com, are those of the respective author(s) or distributor(s) and not of BenCraneGolf.com. Neither BenCraneGolf.com nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (Refer to Section 6 above for the complete provisions governing limitation of liabilities and disclaimers of warranty). In many instances, the content available through BenCraneGolf.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with BenCraneGolf.com. BenCraneGolf.com neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on BenCraneGolf.com by anyone other than authorized BenCraneGolf.com employee spokespersons while acting in their official capacities. Under no circumstances will BenCraneGolf.com be liable for any loss or damage caused by a User's reliance on information obtained through BenCraneGolf.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through BenCraneGolf.com. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content. BenCraneGolf.com may contain links to other third party Web sites or resources. We have no control over such sites and resources, and you acknowledge and agree that we bear no responsibility for the availability of such external sites or resources, do not endorse, and bear no responsibility or liability for any content, advertising, products, or other materials on or available from such sites or resources, and we also bear no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party website or resource.
13. SUBSCRIPTION SERVICES, BILLING AND CANCELLATION
Some services offered on BenCraneGolf.com may now or in the future be subscription-based services. If you open an account for any subscription-based service, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. Additional terms and conditions from service providers providing components of subscription-based services may apply. We reserve the right to change the amount of, or basis for determining, any fees or charges for subscription-based services provided by BenCraneGolf.com, and to institute new fees, charges, or terms effective after providing prior notice to users with subscription-based accounts ("Customers"). Unless otherwise specifically stated, if you are a Customer, we agree that we will terminate your account if you provide us with a notice of cancellation for any reason. a) Free Trial Periods. In the event that BenCraneGolf.com extends to first-time users a free trial period to use a subscription-based service (the "Free Trial"), BenCraneGolf.com will not charge you for use of such service if you cancel during the Free Trial period. Upon expiration of the free trial, you acknowledge and agree that BenCraneGolf.com will charge automatically on a recurring basis the credit card you designate during the registration process for the applicable subscription fee to be charged based on the subscription and payment option you selected when you registered for the service. Our cancellation policy and instructions are below. b) Subscriptions. When you subscribe to a BenCraneGolf.com subscription-based service: (a) you agree to provide BenCraneGolf.com with a valid credit card and accurate, complete and updated information required by the subscription registration form; (b) you authorize BenCraneGolf.com to automatically bill subscription fees based on the subscription you purchase (i.e., monthly subscriptions will be charged once per month, quarterly subscriptions will be charged on a quarterly basis, annual subscriptions will be charged once per year, etc.); and (c) you represent and warrant that your use of your credit card is authorized and that all information that you submit is true and accurate (including, without limitation, credit card number and expiration date). In registering, you also authorize us to charge to your designated card all amounts payable by you to us based on the subscription plan you selected (including all renewals thereof), including, but not limited to, all fees and any applicable taxes we are required to collect. All fees are billed on the day you register (or the first day following the conclusion of the Free Trial if applicable). Our cancellation policy and instructions are below. Failure to comply with above may result in the immediate suspension or termination of services. If you want to designate a different credit card or there is a change in credit card validity or expiration date, you may do so by following the instructions posted within that particular subscription-based service’s domain. PLEASE NOTE: Your subscriptions will be automatically renewed unless terminated, and your credit card will be charged for the subscription fees according to the type of subscription-based service. Unless otherwise specifically stated, the renewal charge shall be equal to the original price of the subscription-based service, unless we notify you in advance. Your right to use the subscription-based services is subject to any limits established by us, subscription service provider or by your credit card issuer. c) Unable-to-be-processed Payments: If we are unable to process your credit card at any time, your account may be immediately suspended or terminated and you will remain responsible for all amounts payable by you to us. Your credit card issuer agreement governs use of your credit card in connection with this website and you must refer to that agreement with respect to your rights and liabilities as a cardholder. We do not give full or partial refunds for subscriptions that you have purchased regardless of the basis for the refund. You also are responsible for any fees or charges incurred to access the service through an Internet access provider or other third party service. You, and not BenCraneGolf.com, are responsible for paying any amounts billed to your credit card by a third party, even if not authorized by you. d) Your Right to Cancel Subscription Services. All subscriptions to a BenCraneGolf.com subscription-based service start the day you submit your registration for such service (and such day is included in the calculation of the cancellation periods); or for renewal subscriptions, at 12:01 a.m. Pacific Standard Time the day following the last day of the then-current term of your subscription or any renewal subscription (the "Start Date"). You may cancel a BenCraneGolf.com subscription-based service at any time by following the instructions posted within that particular subscription-based service’s domain. Your cancellation will be effective one (1) business day after you notify BenCraneGolf.com of your request to cancel your subscription (the "Cancellation Date"). e) Monthly Subscriptions: If you have paid for a monthly subscription for BenCraneGolf.com subscription-based service, you will not receive a refund for the monthly subscription term in which you cancel, although you will continue to receive access to the Service through the end of such term. You will not be billed for additional subscription fees after the Cancellation Date. f) Annual Subscriptions: If you have paid for an annual subscription for BenCraneGolf.com subscription-based service, you will not receive a refund for the annual subscription term in which you cancel and you will continue to receive access to the service through the end of such term. You will not be billed for additional annual subscription fees after the Cancellation Date. g) We may terminate any or all of our subscription-based services at our convenience, but in the event of such termination for convenience, we will refund a pro-rata amount of pre-paid fees to Customers of such terminated subscription-based services. Any pro-rata refunds made will be the only remedy made to Customers of a terminated subscription-based service.
This Agreement and any operating rules for BenCraneGolf.com established by BenCraneGolf.com constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the State of Oregon, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
15. COPYRIGHTS AND COPYRIGHT AGENT
BenCraneGolf.com respects the rights of all copyright holders and in this regard, BenCraneGolf.com has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Ben Crane’s agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512: 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 4. Information reasonably sufficient to permit us to contact the complaining party; 5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For any questions or requests other than copyright issues or licensing requests, please contact us at:
7205 SW Willowmere Drive
Portland, OR 97225
16. GENERAL INFORMATION